The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-08-06
READY FOR THE JURY.
VAN BAKERS LIFE IN IT'S HANDS,
Mr. Mesweeney Gives Hin Severe Raktns
In the Closing Speech fur tho rroseou.
tion-The Prisoner Is Takon Iii aud
Court Iins to Adjourn tai Noon.

| bfNNN" Aut thp EuHeEue
|. tion-rhe Prisoner Is Takon Ill aud
y Court lins to Adjourn tn Noon.
;, The court room at New CHAMBERLAIN,
a WAS again crowded yesterday, peopll
y pouring into the town from all direction
by oil sorts OF vehicles. Mr.. McSweeney'
9 fame drew even more people than on III,
previous days, and the Sheriff and hi
:. deputies had hard work to clear suflicien
0 passage for the jury. Four Of the larg,
3 windowa were removed for ventilation
9 Shortly after court convened, Baker wa!
tsken sick and had to be led out into The
|, ait, and as he showed no signs Of gettins
: better, after waiting an hour court sd
journed till I'm.
Nearly every person who wsa In poo.
session OF o chair when the court cd.
: iourned at 10 o'clock, set out the recess OF
, three houra to have a seat for the after.
noon. The Sheriff closed the front door,
admitting only those who had some duty
TO perform, and deputy at the foot of the
stairs formed another breaker to the
crowd outside struggling for admission,
The prisoner WAS brought in at | o'clock,
The jury SOON followed. At TWENTY-FIVE
minutes past Mr.. Insolvency. commenced
his address. -
MIR. Cook made objection to Mr.. Nc.
Sweeney closing the case, alleging that he
was hired counsel, when 1t was the duty
OF the Prosecuting Attorney to close the
argument.
The objection was overruled and Mr..
hlcSweeney continued:
M'swEESEY's SPEECH.
Some things have been said about the
prosecution that need an explanation. I
came hers, only to present the leading facts
in thlscaSe, that justice only may be done.
I am not here to urvo on principle
against that prisoner or his little flock of
friends that would be contrary to law
and Justice. l object to be heralded as
coming hero to make any display OF ora.
tory. must say that the defense has
been nobly made, as nobly done as l have
ever known in q practice OF nearly forty
years, and if in defense Of this client they
failed to do their best, they would be sub.
Iect to blame, and they must not blame
us II We endaavorto show up the horror
Eoi Holidays Cove in all its colors. The
defense has outheralded us in painting
the horror OF the crime. We have waded
with them in blood, and we cannot make
more vivid description. But il strike
any hard blows you must remember that
the case requires 1t.
Here he warmly complimented each OF
the attorneys on the other side.
You have been cautioned against giving
credenco to circumstantisl evidence, but
remember those who commit crime do not
hire q brass band and call township
meeting to consult whether murder shall
be committed. Such things are alwsys
done III secret. You have one fact added
to another until you zee the prisoner sur
rounded by facts until there ia no escspp.
| The defense says We must prove that
Baker did it. Yes; that is just what we
are doing. You felt the awful RESPONSE
| oility teatlng upon you and you tried to
roll all this blood upon two poor Irish
men, but We will give You circumstances
that mount higher than positive tech
niealtty, to make it certain that the
prisoner did it,
| DUTIES OF JUROR.
| All human affairs are surrounded with
a possibility Of c doubt, and ii we stop
aud say my doubt is my own and We are
not going to give it up, we would never
move in anything but the law is that you
ere to be convinced beyond reasonable
doubt, and nothing more ia wanting.
Our sympathy naturally tends in favor
OF the prisoner, but you are TO gay, is be
guilty or not guilty, and this you can only
DO by 81 examination Of al the facts with
due regard to your oath. You arc to &C.
ss Jurors just as you would az men. Your
oath does not change your nature, YOU
are still Men, yon are to do as You do in
the common things OF life. Your con.
science is still the same. You are not to
conjnte up q doubt; "beyond all reason
abls doubt" and not beyond all '.possi-
BILE" doubt.
We ask only that the prisoner be tried
by the law, and We aek you to AJAX your
conscience in all sincerity, Is this msn
murderer, or ia lie not? The law of the
land stands this day around this prisoner
Tor his protection. Now, what is this
case? In the peaceful beautiful Holliday's
uoye there stands an humble cottage,
where lived Mrs. McWha and Mrs. Baker
and her husband, the prisoner before YOU.
nov charged with the murder OF bis
mothsr-in.law. Oh, horror OF horrors!
Murder ls TOO tame word. You, nv
brother Hutchinson, should apologize to
Gain ior your likening OF this, to his
crime Of the killing OF brother. Theirs
Sas lair fight In the field, while Van
Baker with this axe almost clave the
head from the body Of bis victims, and
then beat out their brnins. Oh! Cain
was saint beside Van Baker.
THE TESTIMONY.
| Mr., McSweeney reviewed some of the
Testimony, and said:
Mrs. Brown and Mrs. Swearinpen came
just in the time to interrupt this murder
land they came Just in time to convict
this man. The sleeVes OF the dreases were
wrong side out, and the stockinys were
wrong side ont. These women never did
it; who did it? Nobody can tell who did
1t but Baksr. How came the shoes over
under Eliza's bed, and all bloody. Could
Eliza have done it? No! It was 90 un-
natural that even Baker could not ex-
plain it. You see how & lie follows crime.
Who believes in the story OF the tub ?
Baker never wanted tU hear the door bell
ring, and after denying that he heard it,
be admits that he might have said he
heard it.
A great deal has boon said about Dr.,
Mckennon and Dr.. Reeves as to the
marks OF blood. Dr.. Mckenaon taken
out nine pieces from these psnts, and he
finds seven that had blood by chemical
and microscopic tests. DR.. Reeves never
made that test at all, and only cut one
piece iron the panta. But oh! Reeves
don't know McKennonl on, myl I
wonder If McKennon's earthly success
depends upon that fact, or il the angel
that keeps the gates OF the celestial
city will tell McKeunon when he comes
up there, just wait till see whether Dr..